Refugee Status
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Key Forms & Process
The refugee process is not initiated by filing a simple form – it requires a referral to USRAP. Eligible individuals must be outside their home country, unable or unwilling to return due to persecution, and not firmly resettled elsewhere. The process includes: (1) Referral (by UNHCR, U.S. embassy, or qualified NGO), (2) USCIS interview overseas by a trained Refugee Officer, (3) Security screening, (4) Medical examination, and (5) Cultural orientation. Upon approval, refugees enter the U.S. with Form I-94 showing refugee status. After one year in the U.S., refugees must apply for a green card using Form I-485 (Adjustment of Status). After four years as a green card holder (five years total as a refugee), they may apply for U.S. citizenship.
What We Handle at ZubaidaLaw
Because refugees apply from outside the U.S., our role focuses on: (1) Helping you understand if you qualify for a referral and connecting you with resettlement agencies, (2) Preparing your testimony and evidence for the USCIS overseas interview, (3) Notarizing affidavits and supporting documents (even internationally via remote notarization where permitted), (4) Assisting with derivative refugee status for your spouse and unmarried children under 21, and (5) After you arrive in the U.S., filing your I-485 green card application exactly at the one-year mark. We also help with work authorization (Form I-765) – refugees are authorized to work immediately upon entry, but we help you get the physical card.
Call us at 865-382-2900 if you are outside the U.S., fear persecution, and want to understand if you qualify for a refugee referral or have a pending USRAP case.
Refugee status is a form of humanitarian protection for individuals outside the United States who have suffered persecution or fear future persecution in their home country based on five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group (PSG) .
| Feature | Refugee | Asylum |
|---|---|---|
| Location when applying | Outside the U.S. | Inside the U.S. |
| How to apply | Referral to USRAP | File Form I-589 |
| Work permit | Immediately upon entry | 150 days after filing |
| Green card wait | 1 year after entry | 1 year after approval |
| One-year filing deadline | No | Yes |
No. You cannot simply mail a form. You must be referred to the U.S. Refugee Admissions Program (USRAP) by:
United Nations High Commissioner for Refugees (UNHCR)
A U.S. embassy
A designated resettlement agency
In very rare cases, a family member already in the U.S. can file Form I-730 to bring you as a derivative.
Both receive a green card after one year. However:
Refugees: One year from date of entry to the U.S.
Asylees: One year from date asylum was granted
We file Form I-485 for refugees exactly 365 days after your arrival.
Yes. You are authorized to work as soon as you enter the U.S. with refugee status. However, you may need a physical Form I-766 (Employment Authorization Document) for employers. We file Form I-765 for you immediately upon arrival.
Yes, but not using your home country's passport. You must apply for a Refugee Travel Document (Form I-131) before leaving. Returning to your home country may jeopardize your refugee status unless persecution has permanently ended.
Day 1: Enter U.S. as refugee
Year 1: Apply for green card (Form I-485) – mandatory
Year 5 (as green card holder): Apply for citizenship (Form N-400)
Total: Approximately 5 years after entry (or 6+ years if green card processing is delayed).
No. If you are already in the U.S., you must apply for asylum (Form I-589) , not refugee status. The refugee program is only for those outside the country.
Yes. We can guide you on remote or virtual notarization options where legally permitted. For sworn affidavits, we help you prepare the content and advise on local notarization rules. After you arrive in the U.S., we notarize all documents for your green card application.
